Will One Spouse’s Drug and Alcohol Abuse Affect the Divorce?

 Posted on November 26,2024 in Divorce

It can be difficult to determine whether problems in the marriage caused one spouse to turn to drugs or alcohol or whether a drug and alcohol addiction led to the end of the marriage. While some divorce issues are very straightforward, substance abuse is one that can be a fairly gray area. After all, an overwhelming majority (62 percent) of American adults drink alcohol, while 38 percent abstain entirely.

So, if most adults drink alcohol, the question becomes, "How much is too much?" Marijuana is now legal recreationally in 24 states, including Illinois; as a legal drug, how is the amount smoked even quantified? Prescription drugs can be bad when they are not taken as prescribed, and, of course, there are illegal drugs like cocaine, heroin, methamphetamine, and more. Is your spouse truly an addict? Is that your assessment, or would that be the general consensus?

If you are divorcing a spouse with a substance abuse problem, you need to understand Illinois divorce laws that may protect you and your children; if you are being accused of being an addict, you need to be able to protect yourself. A North Aurora, IL divorce attorney from The Law Office of Matthew M. Williams, P.C. can help you sort out the issues in your divorce, including substance abuse.

How Drug and Alcohol Abuse Will Probably Not Affect Your Divorce

The legal system, including the judge, will not label one spouse a drug addict or alcoholic. If your spouse’s substance abuse problems come up during the divorce, it is unlikely it will give you much of an advantage during the divorce. While a serious addiction may have some impact on the allocation of parental responsibilities, if you seek to denigrate your spouse because of his or her addiction, it is likely to blow back on you.

If you and your spouse have no children, there is only one area of divorce where a substance abuse problem could have any bearing at all on the outcome. Perhaps your spouse seriously dissipated marital assets to buy drugs or alcohol. This could alter the division of marital assets. Illinois is an equitable distribution state, meaning marital assets are divided fairly, although not necessarily equally.

Since the consumption of drugs and alcohol is solely for the benefit of one spouse, you could theoretically allege that your spouse spent so much money on drugs and alcohol that you deserve a bigger portion of the marital assets. The spouse being accused of dissipation has the burden of proving he or she did not spend that money on drugs and alcohol, which can be difficult.   

How Will Drug and Alcohol Abuse Affect Your Divorce if You Do Have Children?

Since all determinations regarding the allocation of parental responsibilities are based on the child’s best interests, a serious drug and alcohol abuse problem could affect custody. The court’s feeling is likely to be that it is never in the child’s best interests to be with a parent who is getting drunk and high.

If you suspect – and can prove – that your child’s other parent has been drinking or using drugs during his or her parenting time, you can file a motion that will reduce his or her parenting time or call for supervised parenting time. The court may even order the parent to complete inpatient or outpatient drug and alcohol abuse treatment. The court will consider the use of any substance that significantly interferes with the parent’s ability to properly care for the child. (750 ILCS 5/603.10(a))

Contact a Kane County, IL Divorce Lawyer

Whether you are the one accused of having a drug and alcohol problem or the spouse who believes the other spouse’s drug and alcohol problem is a danger to your child, you need an experienced Batavia, IL divorce attorney from The Law Office of Matthew M. Williams, P.C..

Attorney Matthew M. Williams can help you determine whether the issue is worth raising or whether the allegations are likely to spin out of control and adversely affect your life. Attorney Williams works hard to make the divorce process easier and less contentious through mediation and collaborative divorce.  Call 630-409-8184 today to schedule a meeting with the attorney.